Comments on: You’re Creeping Me Out – Design Creep under the FIDIC Silver Book http://kluwerconstructionblog.com/2009/12/23/youre-creeping-me-out-design-creep-under-the-fidic-silver-book/ Just another Kluwer Blog Mon, 14 Mar 2011 13:57:32 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Stephen Walker http://kluwerconstructionblog.com/2009/12/23/youre-creeping-me-out-design-creep-under-the-fidic-silver-book/comment-page-1/#comment-4328 Stephen Walker Fri, 28 May 2010 10:13:11 +0000 http://kluwerconstructionblog.com/?p=298#comment-4328 design Creep has always been a problem under D & B irrespective of Contract Conditions. Even more so when the designers are novated and more loyaly to the Client rather than the Contractor to whom they have been novated. Is becoming worse as design briefs / employers requiremnts become less speciifc and more ambiguous. each occurrence needs to be considered on merit and cost before considering a claim............some may reduce cost! design Creep has always been a problem under D & B irrespective of Contract Conditions. Even more so when the designers are novated and more loyaly to the Client rather than the Contractor to whom they have been novated.
Is becoming worse as design briefs / employers requiremnts become less speciifc and more ambiguous.
each occurrence needs to be considered on merit and cost before considering a claim…………some may reduce cost!

]]> By: Mike Riches http://kluwerconstructionblog.com/2009/12/23/youre-creeping-me-out-design-creep-under-the-fidic-silver-book/comment-page-1/#comment-4313 Mike Riches Fri, 28 May 2010 06:32:21 +0000 http://kluwerconstructionblog.com/?p=298#comment-4313 The timing of realisiation of a change through creep can prejudice a notice made under 20.1; which is why clause 13 may be an alternative approach. A request for a determination under 3.5 for valuation of time and/or money for the 'variation' or change may lead to a rejection which can then be the subject of a 20.1 notice and/or a dispute to be referred to the DAB under 20.4 straight away. The timing of realisiation of a change through creep can prejudice a notice made under 20.1; which is why clause 13 may be an alternative approach. A request for a determination under 3.5 for valuation of time and/or money for the ‘variation’ or change may lead to a rejection which can then be the subject of a 20.1 notice and/or a dispute to be referred to the DAB under 20.4 straight away.

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